Rotondo v. Best Buy Stores LLC

Filing 8

DECISION AND ORDER: that the Report-Recommendation is accepted and adopted in all respects and that the Plaintiff's complaint is Dismissed and that the file is referred back to Magistrate Judge Peebles for review of plaintiff's amended complaint. Signed by Judge David N. Hurd on 07/05/2017. (Copy of the Decision and Order was served on pro se plaintiff via regular mail on 7/5/2017.)(hmr)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------MICHAEL JOSEPH ROTONDO,
Plaintiff,
-v-

5:17-cv-522
(DNH/DEP)

BEST BUY STORES LLC,
Defendant.
-------------------------------APPEARANCES:
MICHAEL JOSEPH ROTONDO
Plaintiff pro se
408 Weatheridge Drive
Camillus, New York 13031

DAVID N. HURD
United States District Judge
DECISION and ORDER
Pro se plaintiff Michael Joseph Rotondo brought this employment discrimination action
pursuant to 42 U.S.C. § 2000e et seq. On June 2, 2017, the Honorable David E. Peebles,
United States Magistrate Judge, advised by Report-Recommendation that plaintiff's
complaint be dismissed but that he be granted leave to file an amended complaint. Plaintiff
timely filed an objection to the Report-Recommendation, and though premature and prior to
the adoption or rejection of the Report-Recommendation by the undersigned, also filed an
amended complaint.
Based upon a de novo review of the portions of the Report-Recommendation to which

plaintiff objected, the Report-Recommendation is accepted and adopted in all respects. See
28 U.S.C. § 636(b)(1). In accordance with the same, this matter is referred back to
Magistrate Judge Peebles for review of plaintiff's amended complaint.
Therefore, it is
ORDERED that
1. Plaintiff's complaint is DISMISSED; and
2. The file is referred back to Magistrate Judge Peebles for review of plaintiff's
amended complaint.
IT IS SO ORDERED.

Dated: July 5, 2017
Utica, New York.

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